Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Egg processor seeks appeal of latest ruling

Friday, August 2, 2013

by BETTER FARMING STAFF

An Ontario Superior Court judge has ruled that allegations in a long-running claim against several players in Ontario’s egg industry will remain intact for now.

But Allison Webster, the lawyer for L.H. Gray and Son Limited, which had asked for some of the allegations to be removed, says the company plans to appeal the decision that was released in late July.

The Strathroy company is among several industry players that Sweda Farms Ltd., once the province’s third largest egg grader, alleges conspired to put it, and related affiliates, out of business. Burnbrae Farms Limited and Egg Farmers of Ontario, the province’s supply-managed marketing board, are some of the others listed in Sweda’s claim. No allegations have been proven in court.

In May, Webster asked Judge Carole Brown to grant a partial summary judgement to remove Sweda’s allegations that L.H. Gray had fraudulently manipulated egg grades, deliberately sold to market cracked and dirty eggs and conspired with others to do so. She, as well as Sweda’s lawyer, Donald Good, and his co-counsel, Robert Morrow, made most of their arguments concerning the motion behind closed doors in a Toronto courtroom because of the court-sealed documents under discussion.

On Tuesday, Webster said that she had served notice of leave to appeal the decision on Good and other counsel.

“We don’t feel that she (Judge Brown) properly applied the facts of the case to the law,” Webster said. “And so we feel there’s merit to seeking leave to appeal.”

Describing the decision as “interlocutory” rather than a “final order,” Webster said the first step is to ask the court for permission to appeal. If leave is obtained, “we then have an opportunity to appeal the decision” before the Ontario Court of Appeal.

Webster says Brown found that a full trial was required to determine the issues. “She wasn’t prepared to deal with the issues that were before her in a summary fashion.”

Webster says a date for L.H. Gray’s motion to appeal Brown’s decision will be set in the next couple of weeks.

“I don’t agree with the decision; I think it’s flawed but it will be up to a judge at some point to let us know whether or not he or she agrees that we have that ability to appeal,” she says.

Good could not be reached for comment. BF

Current Issue

September 2025

Better Farming Magazine

Farms.com Breaking News

First Northern Cohort Joins Ontario Vet Program

Thursday, September 4, 2025

This September, the Ontario Veterinary College (OVC) at the University of Guelph welcomed its inaugural Northern Cohort of 20 students through the Collaborative Doctor of Veterinary Medicine Program (CDVMP). This initiative, created in partnership with Lakehead University, marks a milestone... Read this article online

Canadian Farmers Face Weaker Soybean Yields Ahead

Tuesday, September 2, 2025

Statistics Canada forecasts that Canadian soybean production will decline in 2025, reflecting weaker yields across major producing provinces. Nationally, output is projected to fall by 7.3% year over year to 7.0 million tonnes. The decline is linked to a drop in yields, which are expected... Read this article online

Canadian Corn Outlook Shows Mixed Regional Trends

Tuesday, September 2, 2025

Statistics Canada projects Canadian corn-for-grain production to grow slightly in 2025, despite drier-than-normal weather and high temperatures that have pressured yields. National production is forecast to rise 1.4% year over year to 15.6 million tonnes. This gain comes from higher... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2025 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top